ABOUT THIS SITE
People often seem to equate the word “probate” with the most horrible monsters from Hollywood. That may be true in some states, but Washington’s probate procedures are relatively straightforward. There may be many situations where a family might consider trying to probate an estate without an attorney’s help. Our goal is to provide some general probate instructions and basic sample forms so you can see how probate works. Because probate in Washington is often relatively simple, if you do choose to hire an attorney to help, the total attorney’s fees should not be exorbitant for uncontested probates. If you have hired an attorney, the information here will help you understand what your attorney is doing.
WHO WE ARE
This site is maintained by the attorneys at Steinacker Law PLLC, an estate planning and probate law firm in Puyallup, Washington. Although reasonable effort has been made to ensure that the information here is accurate, every situation is different, and this information and these forms may need to be modified for your specific situation. This website contains legal information and is not intended as a substitute for legal advice. If you file something in court or advocate a particular legal position, you are solely responsible for what you file or what you advocate, and you should verify your information, even if you got it from this website.
Myth: If I don’t have a will, the state will get everything.
Many people think that if there is no will, then “the state will get everything.” Not true. When a person dies with no will, his or her estate is distributed to the person’s “heirs” as defined by state law. In Washington, the “heirs” are who you’d expect: the surviving spouse, children, grandchildren, parents, siblings, etc., in that order. If the taxable estate is worth more than about $2.2 million, some taxes will be payable to the state, but otherwise the assets will go to your relatives even if there isn’t a valid will.
Myth: If I have a will, I don’t need a probate.
Whether you need a probate has nothing to do with whether there is a will. The need for a probate is dependent on other factors (such as the nature of the assets owned by the decedent). Generally, a probate is needed when you have assets that can only be obtained or transferred by a person with Letters Testamentary (which you can only get by opening a probate). Probate can also be helpful for other reasons, such as dealing with the claims of creditors.